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MATTER OF SAMMIS v. RIVERA

194 A.D.2d 612 (1993)

599 N.Y.S.2d 986

In the Matter of Royal Sammis, Petitioner, v. Carlos Rivera, as Commissioner of The New York City Fire Department, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 7, 1993

Adjudged that the determination is confirmed and the proceeding dismissed on the merits, with costs.

Contrary to the petitioner's contention, we find that the Commissioner's determination to terminate his employment based upon his possession of heroin on May 23, 1989 was supported by substantial evidence in the record (see, Matter of Lahey v Kelly, 71 N.Y.2d 135; Matter of Berenhaus v Ward,

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